Simpson v. SimpsonAnnotate this Case
Husband and Wife divorced pursuant to a judgment entered by the trial court. As part of the judgment, Husband was required to pay Wife monthly maintenance as agreed upon by the parties in a settlement agreement. After Wife remarried five years later, Husband filed a motion asking the trial court to terminate his obligation to pay Wife maintenance. The trial court dismissed the motion, finding that, according to the settlement agreement, the maintenance was non-modifiable and would terminate after the expiration of fifteen years. The Supreme Court affirmed, holding (1) the presumption that an obligation to pay maintenance is terminated by remarriage of the party receiving maintenance can be overcome by an agreement in writing between the parties that either expressly or by implication extends said obligation, and (2) Husband failed to demonstrate that the trial court erroneously declared or applied the law by dismissing his motion to terminate his obligation to pay maintenance to Wife.